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(영문) 수원지방법원 2019.01.17 2018구합68491
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Housing redevelopment project [B district Housing Redevelopment Improvement Project (Secondary)] (hereinafter referred to as the “instant project”): Defendant

B. The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on May 15, 2017 (hereinafter “instant expropriation ruling”): 2/3 equity (hereinafter “instant land”) out of 125.5 square meters in Gyeyang-si and all obstacles in the attached list on the above ground (hereinafter “instant obstacles”): Compensation for losses: 206,228,220 won (hereinafter “instant land”): 191,178,30 won, and KRW 15,049,890 of the instant obstacles”): The date of commencement of expropriation: Certified Public Appraisal Corporation F and the Bank of Korea (hereinafter “the result of appraisal”)

C. The Central Land Tribunal made an objection on July 19, 2018 (hereinafter “the instant objection”) - The content of the adjudication: A decision to increase the amount of compensation for expropriation to KRW 214,144,430 ( KRW 198,641,400 of the instant land, KRW 15,503,030 of the instant obstacles, and KRW 15,503,030 of the instant obstacles) - An appraisal corporation: H and a mutual savings bank in charge of appraisal (hereinafter “appraisal”)

D. The result of the court’s entrustment of appraisal to the appraiser J (hereinafter “court appraisal”) - Contents of appraisal: 195,612,660 won for the land of this case. The obstacles of this case are excluded from the appraisal subject to appraisal due to the loss. The fact that there is no dispute over the grounds for recognition, the entries of Gap’s 1 through 3, and Eul’s 1 through 4 (including each number; hereinafter the same shall apply), the court’s appraisal, and the whole purport of the arguments.

2. The assertion and judgment

A. The court’s appraisal that assessed the Plaintiff’s assertion on the instant land at a lower level than the appraisal of the objection is not reliable. The instant land is 2,145,900/m2 as a result of the court’s appraisal in the Suwon District Court 2018do3040, which was raised by the Plaintiff, and the instant land and the instant land.

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